时间：2014-12-28 14:05来源：蓝天飞行翻译公司 作者：民航翻译 点击：次
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To view this page ensure that Adobe Flash Player version 9.0.124 or greater is installed. Note: For strict liability, see section 6 of the Criminal Code. (3)The owner, operator, hirer (not being the Crown) or pilot of an aircraft commits an offence if he or she: (a)operates the aircraft or permits the aircraft to be operated; and (b) the operation of the aircraft results in a contravention of subsection 20A(1). (4)Strict liability applies to paragraph (3)(b). Penalty: Imprisonment for 5 years. Note: For strict liability, see section 6 of the Criminal Code. (5) The owner, operator, hirer (not being the Crown) or pilot of an aircraft commits an offence if he or she: (a) operates the aircraft or permits the aircraft to be operated; and (b) the operation of the aircraft results in a contravention of subsection 23(1) or a condition imposed under that subsection. Penalty: Imprisonment for 7 years. (6) Strict liability applies to paragraph (5)(b). Note: For strict liability, see section 6 of the Criminal Code. 30 Weather etc. to be a defence (1)In any proceedings for an offence against this Act or the regulations, it is a defence if the act or omission charged is established to have been due to extreme weather conditions or other unavoidable cause. (2)Any defence established under subsection (1) need only be established on the balance of probabilities. 30A Court may impose exclusion period if offence committed (1) If: (a)a person is convicted of an offence against this Act or the regulations; and (b) the person holds a civil aviation authorisation (in this section called the old authorisation); and (c) the old authorisation authorises the person to undertake a particular activity (in this section called the previously authorised activity); and (d) the Court considers that it is in the interests of air navigation safety for the person to be excluded from that activity; the Court may order that the person is to be excluded from that activity for the period specified in the order (in this section called the exclusion period). (2)The Court may make the order even if the conduct that was involved in the offence was not engaged in by the person while exercising his or her rights under the old authorisation. (3)The exclusion period may be indefinite. Section 30B (4)During the exclusion period: (a) the old authorisation is of no effect; and (b) a new civil aviation authorisation to undertake the previously authorised activity is not to be granted to the person. (5)The person is not entitled to any refund of fees that the person has paid in respect of the old authorisation. (6)The person must return the old authorisation to CASA as soon as practicable after the order is made. Penalty: 30 penalty units. (7)If the old authorisation is endorsed on another document, the person must, in order to comply with subsection (6), return that other document to CASA and CASA will take appropriate steps to issue a new document without the endorsement. (8)If the exclusion period ends before the period for which the old authorisation was granted, CASA is to return the authorisation to the person as soon as practicable after the end of the exclusion period. Note: This subsection may require CASA to endorse a document already issued to the person. (9) In this section: civil aviation authorisation includes an AOC. 30B Variation and termination of exclusion order (1)If a Court makes an order under subsection 30A(1): (a) the person may apply to the Court at any time for the termination or variation of the order; and (b)CASA is to be a party to any proceedings on an application under paragraph (a). (2)If an application is made under paragraph (1)(a), the Court may terminate or vary the order but only if it is satisfied that doing so would not prejudice air navigation safety. Section 30C 30C Court to give CASA details of exclusion orders The Court is to give CASA details of: (a) orders made under subsection 30A(1); and (b) terminations and variations made as a result of applications made under paragraph 30B(1)(a). Section 30DA Division 3A—Serious and imminent risks to air safety Subdivision A—Preliminary 30DA Engage in conduct In this Division: engage in conduct means to do an act or omit to do an act. Subdivision B—Suspension for contravening the serious and imminent risk prohibition 30DB Serious and imminent risk prohibition The holder of a civil aviation authorisation must not engage in conduct that constitutes, contributes to or results in a serious and imminent risk to air safety. 30DC Suspension (1) Where CASA has reason to believe that the holder of a civil aviation authorisation has engaged in, is engaging in, or is likely to engage in, conduct that contravenes section 30DB, CASA may suspend the authorisation by giving written notice to the holder. Note: CASA is not required to give the holder a show cause notice before making a decision under this subsection. (2)The notice of the decision must include a summary of Subdivisions C and D. However, a failure to include such a summary does not affect the validity of the notice. (3)The suspension ends at the end of the fifth business day after the day on which the holder was notified of the suspension, unless before that time CASA makes an application to the Federal Court under section 30DE. Note: If CASA makes an application in time, the suspension continues in force until it comes to an end under the rules in section 30DJ. Section 30DD 30DD CASA may suspend despite other processes (1)CASA may make a decision under section 30DC in relation to a civil aviation authorisation even if CASA has given the holder of the authorisation the show cause notice required before making a decision under another provision of this Act or the regulations. |
